South Carolina Medical Malpractice Lawyer

Going to the doctor is a common source of anxiety. Many fear bad news, like a diagnosis or big hospital bills. While getting treatment is almost always in your best interest, some patients leave the hospital with more injuries than they came in with. When doctors are negligent, patients might get hurt, and an attorney can help them get justice and compensation.

Medical malpractice claims may arise in various situations involving medical care gone wrong. Some common examples include surgical errors, doctors failing to warn patients about the risks of treatment, and doctors making incorrect diagnoses. You have 3 years to file a claim for injuries from negligence medical care, but exactly when the limitation period depends on when you discovered the injury and the nature of the injury. A lawyer can advise you on the time you have left to prepare a claim. It is best to start soon, as significant damages might be on the line.

Receive a confidential case assessment for no charge by calling our medical malpractice lawyers at Rice, Murtha & Psoras at (803) 219-4906.

Examples of Medical Malpractice Claims in South Carolina

One thing about medical malpractice claims that trips people up is determining whether a doctor was negligent or made a reasonable mistake in the course of treatment. Not all instances of treatment gone wrong are considered malpractice, as the outcome cannot be guaranteed. Generally, medical malpractice involves doctors providing treatment that does not meet the standard of care. Talk to our medical malpractice lawyer about the standard of care in your case, as it may vary based on your medical condition.

Surgical Errors

The thought of a doctor cutting into your body is enough to frighten anyone, but such procedures and treatments are often necessary. Even if a doctor has performed a specific type of surgical procedure many times, and even if that procedure comes with minimal risks, there is still a chance something might go wrong. In some cases, it is the surgeon’s fault that the procedure went wrong. In such a case, you might be able to sue them for medical malpractice.

Surgery is a delicate process, and doctors must be extremely careful. Some examples of surgical errors that might amount to malpractice include foreign objects left inside the body, accidental incisions or cuts on vital organs, and the use of unclean surgical instruments.

Failure to Warn or Advise

Malpractice does not always involve doctors making errors or acting negligently during treatment. In some cases, treatment goes fine, but there are some unwanted side effects. The fact that you experienced an unpleasant side-effect or the treatment did not work is not necessarily malpractice. However, if your doctor fails to warn you about these risks before beginning treatment, you can sue them for damages. Doctors must adequately warn patients about the potential risks of any course of treatment and advise them of their medical options. If your doctor did not advise you properly, you could not make an informed decision.

Failure to Diagnose

An accurate diagnosis is the first step toward getting the medical care you need to recover. Unfortunately, not all patients get a correct diagnosis. Certain medical conditions might have similar symptoms or appear very similar, causing doctors to diagnose patients incorrectly. This is not always considered malpractice, but it might be if another doctor under the same circumstances would not have made an incorrect diagnosis. The longer you go without a correct diagnosis, the worse your condition might become.

When You Can File Your South Carolina Medical Malpractice Case

Medical malpractice cases must be filed within 3, according to S.C. Code Ann. § 15-3-545(A). This limitation period runs from the date of the treatment or the date of discovery, depending on your situation.

The date of discovery is the day you realized you were injured because of malpractice. This is important to understand, as it is normal for patients not to know they have been victims of malpractice until some time after treatment is over. If the limitation period runs from the date you discovered the injuries, the time limit may not exceed 6 years from the date of the injury.

Under § 15-3-545(B), claims related to foreign objects left inside the body after surgery or the negligent placement of surgical devices or apparatuses must be filed no later than 2 years from the day you discovered the surgical error. However, such a claim must be filed no later than 3 years after the placement of the object or apparatus.

According to § 15-3-545(D), minors must abide by an entirely different time limit. If the plaintiff is a minor when the medical malpractice occurs, the limitation period may be tolled for no longer than 7 years. Additionally, the limitation period may be tolled for no longer than 1 year after the plaintiff reaches the age of majority. If the minor defendant’s parents, guardians, insurer, or healthcare provider commit fraud to prevent the minor from filing a claim, the limitation period may also be tolled.

Potential Damages in South Carolina Medical Malpractice Cases

Economic losses from wrongful death cases may involve all sorts of costs and expenses you and your family incurred because of your loved one’s passing. For example, you may claim damages related to burial and funeral costs. You may also claim damages related to medical expenses if your loved one received medical care before succumbing to their injuries. You might also claim economic damages related to losing financial support from your loved one.

Non-economic are hard to describe because they tend to involve emotional pain and psychological trauma rather than actual costs. Since people are often in a great deal of emotional pain after losing a loved one, these damages might be significant. However, the law caps non-economic damages at a certain amount based on whom you sue.

Awards against single healthcare providers or institutions are capped at $350,000 per claimant, according to S.C. Code Ann. § § 15-32-220(A)-(B). Subsection (C) states that if a judgment is rendered against more than one health provider or institution or a combination of providers and institutions, non-economic damages for each defendant are capped at $350,000 per claimant. The limit for all healthcare institutions and providers together is $ 1,050,000 per claimant.

However, under subsection (E), the limitations on non-economic damages may be removed if the court or jury determines that the defendant acted with gross negligence or their conduct was reckless, wanton, or willful.